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. They are secured not by laws paramount to prerogative, but by constitutions paramount to laws. ""If the people of Jewish faith in Minneapolis wish to avoid criticism of these vermin whom I rightfully call 'Jews,' they can easily do so BY THEMSELVES CLEANING HOUSE. These gentlemen have the cart before the horse. 91. And if the people of that race and faith wish to rid themselves of the odium and stigma THE RODENTS OF THEIR OWN RACE HAVE BROUGT UPON THEM, they need only to step to the front and help the decent citizens of Minneapolis rid the city of these criminal Jews. Under Minnesota’s libel laws, the state affords anyone criminally wronged by the publication of material a way to address their frustration in court.Near appealed the decision to the Supreme Court. In some situations, such as when speech is obscene, incites violence, or reveals military secrets, the government might be able to justify a prior restraint. The court sharply defined the purpose of the statute, bringing out the precise point, in these words:Under this statute, clause (b), the County Attorney of Hennepin County brought this action to enjoin the publication of what was described as a " malicious, scandalous and defamatory newspaper, magazine and periodical" known as " The Saturday Press," published by the defendants in the city of Minneapolis. Afterward, it was clear that the prohibition against prior restraint--the very heart of the First Amendment--applied to states as well as the federal government. "Thereupon, the defendant Near, the present appellant, answered the complaint. The objection was overruled, no further evidence was presented, and the plaintiff rested. "There is no constitutional right to publish a fact merely because it is true. ""the liberty of the press might be rendered a mockery and a delusion, and the phrase itself a byword, if, while every man was at liberty to publish what he pleased, the public authorities might nevertheless punish him for harmless publications. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government, its ready communication of thoughts between subjects, and its consequential promotion of union among them whereby oppressive officers are shamed or intimidated into more honourable and just modes of conducting affairs. "Equally unavailing is the insistence that the statute is designed to prevent the circulation of scandal which tendsperpetually the persons committing or maintaining any such nuisance from further committing or maintaining it. Public officers, whose character and"Participation in such business shall constitute a commission of such nuisance and render the participant liable and subject to the proceedings, orders and judgments provided for in this Act. In 1925, Minnesota passed a statute, also known as the Minnesota Gag Law, which permitted a judge, acting without a jury, to stop publication of any … A man might, out of mere malice and revenge, accuse another of the most infamous crimes; might excite against him the indignation of all his fellow citizens by the most atrocious calumnies; might disturb, nay, overturn, all his domestic peace, and embitter his parental affections; might inflict the most distressing punishments upon the weak, the timid, and the innocent;"from producing, editing, publishing, circulating, having in their possession, selling or giving away any publication whatsoever which is a malicious, scandalous or defamatory newspaper, as defined by law,""Either Mr. Guilford or myself stands ready to do battle for a MAN, regardless of his race, color or creed, but neither of us will step one inch out of our chosen path to avoid a fight IF the Jews ant to battle. The case then came on for trial. That is undoubtedly true; the protection even as to previous restraint is not absolutely unlimited.